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Cole Schotz’s Bankruptcy & Corporate Restructuring practice is a distinguished and nationally renowned full-service group that is regularly cited in Chambers USA: America’s Leading Lawyers for Business and lauded for a track record that boasts unparalleled effectiveness, success and value.
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Our Blockchain Technology and Digital Currency Group has closely monitored the evolving legal and regulatory landscape surrounding the advent of blockchain technology. We are experienced and ready to assist companies and applications utilizing public blockchains and private ledgers in every stage of their businesses, including: + Read more

Cole Schotz’s multi-faceted practice is uniquely well-suited for investors and entrepreneurs alike with respect to the emerging cannabis industry and the opportunities and challenges it presents. + Read more

Cole Schotz provides comprehensive construction related services, for every phase of construction projects, both public and private, throughout the country. Our services include the preparation and negotiation of complex construction contracts, advising on requisite insurance coverage, surety and bonding needs, labor laws and union participation, and company formation and ownership agreements, and providing counseling on contract administration, lien claims, risk management, and environmental and OSHA compliance.
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Cole Schotz provides practical advice regarding all business matters, from simple governance issues to complex corporate transactions. We assist companies in achieving their short- and long-term business objectives, whether they are public corporations, closely held and family owned businesses, or sole proprietorships. + Read more

We value our close working relationship with clients and the trust they place in us to address and resolve complicated and often sensitive employment issues. Our attorneys provide preventive counseling and guidance to both large and small employers on a wide range of compliance issues and evolving statutory and common law requirements. This includes those related to wrongful discharge, discrimination, retaliation, sexual and other forms of harassment, family and medical leaves of absence, disability, substance abuse, wage and hour, and restrictive covenant trade secret and other related issues.
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Our Environmental Law department is vibrant, growing and ideally situated to assist those who buy, sell or conduct business on commercial or industrial property where environmental risks can create significant challenges to business ventures.
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The Cole Schotz Healthcare Group, led by Paul W. Kim, Esq., a former employee of the Centers for Medicare and Medicaid Services, represents a variety of individuals and corporations in the healthcare industry including:
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Your brand. Your reputation. Your inventions and creative works. Our experienced intellectual property attorneys protect and enhance these critical business assets by securing and leveraging patents, trademarks and copyrights, managing negotiations when licensing and other opportunities arise, and resolving disputes.
As IP assets have become increasingly important in today’s web-based, technology-driven world, we help emerging tech and media companies, established enterprises and creative individuals successfully and profitably navigate the marketplace.
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Utilizing their breadth of experience in both thriving and distressed economic environments, the members of our Real Estate Special Opportunities Group have the practical experience and depth to offer clients flexible and creative solutions to a multitude of complex real estate transactions.
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In today’s ultra-competitive food and beverage marketplace, where guests are sophisticated and business challenges come from both expected and unexpected places, it is imperative that foodie entrepreneurs, restaurant groups, celebrity chefs, craft brewers, hotel owners and investors engage a strong team of advisors to limit bumps along the road to success.
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The players in the world of sports go far beyond those performing on game day. Whether you are an athlete, sports-related organization or supplier to the industry, our experienced team is ready to assist. + Read more

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The Cole Schotz Tax, Trusts & Estates attorneys counsel individuals and businesses in a range of tax and estate planning strategies. Our clients include owners of family businesses where succession planning and asset protection are linked, and individuals of substantial means who wish to take advantage of sophisticated tax planning techniques to retain and build their wealth for future generations.
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CASES

A New Jersey Tax Court judge ruled that the State of New Jersey is obligated to act with integrity and comply with its deliberate representations that lottery winnings were not subject to income tax, therefore barring them from taxing annuity payments of our client’s $46 million lottery winnings.

On June 9, 2000, our client, Melvin Milligan won the top prize in the Big Game Drawing totaling approximately $46 million. When Mr. Milligan won and claimed his New Jersey Lottery prize, winnings from the New Jersey Lottery were specifically excluded by statute from taxable income under the New Jersey Gross Income Tax Act, N.J.S.A. § 54A:l-l, et seq. After consulting with counsel, and in reliance on the State tax laws in existence at that time, Mr. Milligan opted to receive his prize in 26 annual installments of approximately $1,769,000 each.

Mr. Milligan received the agreed-upon installments without issue until 2009, when the State of New Jersey amended the law to subject New Jersey Lottery winnings over $10,000 to the New Jersey Gross Income Tax. This amendment was enacted on June 29, 2009, but made effective retroactively as of January 1, 2009. As a result, beginning tax period 2009, and every year thereafter, Mr. Milligan and his wife, Kimberly-Lawton Milligan, began reporting the New Jersey Lottery winnings as income and paying the applicable tax in excess of $133,000 each year. The Milligans disputed New Jersey’s right to collect income tax on their prize money – a prize won over nine years before the change in the law – and filed a lawsuit against the State of New Jersey, Division of Taxation and State of New Jersey, Division of Lottery. The Milligans alleged breach of contract, violations of both the United States Constitution and New Jersey State Constitution, violations of the common-law “manifest injustice” and “square corners” doctrines, and sought reversal of their denied refund claims.

On September 26, 2016, the Honorable Judge DeAlmeida granted the Milligans partial summary judgment based on the square corners doctrine which states, in essence, that in dealing with the public the government must act with integrity and “turn square corners”. Reversing the final determinations of the Division of Taxation, the Court concluded that the State is prohibited from imposing gross income tax on the Milligan’s winnings from a 2000 New Jersey lottery prize received in installments in 2009 and later years. The Court further explained that although the 2009 amendment allows for gross income taxes on lottery prizes, the retroactive extension of state income tax to our client’s winnings is barred by such doctrine because it is indisputable that in 2000 state lottery officials actively and intentionally represented to the public that winnings were not subject to New Jersey gross income tax. These representations “became part of the contractual agreement” between the State and Milligan, who elected to receive his winnings in installments over a 26 year period with the understanding that the payments would not be subject to income tax.

In addition to the Milligans, this firm represents over two dozen other plaintiffs who are similarly challenging the State’s retroactive taxation on their lottery winnings. The Court’s ruling in Milligan applies across the board to our other clients.

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The materials on this site have been prepared by Cole Schotz P.C. for general informational purposes only and are not intended to constitute legal advice. Viewers should not act upon this information without seeking professional counsel on the specific facts and circumstances in question from an attorney licensed in their jurisdiction. Use of this site does not create an attorney-client relationship between the user and Cole Schotz or any lawyer(s) within the firm. Any information sent to Cole Schotz or its lawyers through this site will not be treated as confidential and is not protected by the attorney-client privilege.